Overview

Conflict is a natural part of human interaction. Whether guiding a client through stormy legal seas as a paralegal or mediating disputes as an HR professional, individuals whose work requires them to manage conflict must be equipped with a solid understanding of its causes and its progression. They must be able to help parties approach disputes cooperatively rather than as adversaries in order to arrive at win/win solutions.

This text takes a systematic approach to analyzing the elements of conflict and explores both the individual and systemic responses to it. Students gain a solid foundation in negotiation skills and strategies, followed by a more in-depth introduction to mediation as a viable response to conflict. This engaging text includes opportunity to apply the skills required by mediators through role play. Students also gain an appreciation of the potentially challenging effects of culture, gender, and power on any negotiation or mediation process, and acquire strategies to respond to these.

Finally, Choices in Approaching Conflict explores applications of mediation in the areas of community, business, and restorative justice to provide students who wish to pursue a career involving mediation with a practical context. It also examines the ethical and legal considerations required by the practice of mediation as a profession.

Applicable Courses

Paralegal/Legal Administration/Human Resources ADR, Business Conflict Resolution

TopFeatures

• Designed with the college student in mind, the text was developed and tested for two years in three college programs, and features concise, accessible language and presentation
• Chapter-based learning objectives help instructors shape their lectures to provide structure and direction, and help students formulate and identify clear study goals
• Review questions and role-playing exercises reinforce lesson objectives, stimulate class discussion, and provide an opportunity for students to develop and practice key negotiation and mediation skills

TopContent Summary

Part I: Seeing Conflict Through New Eyes

• Chapter 1: What Is Conflict?
• Chapter 2: Choices in Responding to Conflict
• Chapter 3: Conflict Analysis

Part II: Introduction to Negotiation

• Chapter 4: What Is Negotiation?
• Chapter 5: The Preparation For and Conduct of Negotiations

Part III: Mediation

• Chapter 6: Mediation: Definition, Philosophy, and Boundaries
• Chapter 7: The Stages of Mediation
• Chapter 8: Microskills in Conflict Resolution
• Chapter 9: The Importance of Self-Awareness
• Chapter 10: Inventing Options — Creativity in Mediation

Part IV: Culture, Gender and Power

• Chapter 11: Frame of Reference and the Construction of Worldview and Self-Image
• Chapter 12: Symbols and the Self: Myths, Symbols, and Storytelling in Mediation
• Chapter 13: Looking at Culture and Gender as Additive Factors to the Process
• Chapter 14: Power

Part V: Emerging Areas of Mediation

• Chapter 15: Community Mediation
• Chapter 16: Workplace Mediation
• Chapter 17: Restorative Justice

Part VI: Legal, Ethical and Professional Practice Considerations

• Chapter 18: Legal and Ethical Considerations
• Chapter 19: Professional Practice Considerations

TopAbout the Authors

Charles Ewert, BA, LLB, LLM, has taught at Durham College as a professor of legal administration for 28 years. He teaches alternative dispute resolution and advocacy courses at Durham College. In 2002, he obtained his LLM in alternative dispute resolution studies.

Gordon Barnard, BA, joined the School of Business at Durham College in 1989 after several years in the private sector with Bell Canada and Honda Canada. He currently teaches a variety of courses in the human resources management programs in the School of Business at Durham, including human resources management, organizational behaviour, and human resources planning.

Jennifer Laffier, MA C. Psych, RCAT, is a counselling psychologist and art therapist in Durham Region. She has a private practice specializing in family mediation and family/individual therapy. She teaches in the fields of psychology, alternative dispute resolution, human development, and criminology.

Michael L. Maynard, BA, is the president and CEO of The Maynard Group Professional Services Corporation, which provides mediation, conflict management, and strategic communications services. He has worked as a litigation law clerk in Toronto and has taught courses in alternative dispute resolution.